The Federal Appeals Court ruled that Obama did not have the authority to make recess appointments because the Senate was not in recess and the Senate, not the Executive, gets to decide when it’s in recess.

The invalidation of Obama’s recess appointments means that they are invalid and the NLRB cannot function. So the NLRB said, “Yes, we can function. So there.”

“The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order applies to only one specific case, Noel Canning, and that similar questions have been raised in more than a dozen cases pending in other courts of appeals.

In the meantime, the Board has important work to do. The parties who come to us seek and expect careful consideration and resolution of their cases, and for that reason, we will continue to perform our statutory duties and issue decisions.”

The NLRB does not get to disagree with a Federal Appeals Court. It has already overstepped its jurisdiction infinite number of times. Its opinion of an Appeal Court ruling is completely irrelevant. It does not get to narrowly define the meaning of that ruling. It does not get to stay in business and declare that it will go on doing exactly what it was doing before because it is confident that the Supreme Court will rule in its favor.

But in ObamaTime that is exactly how it works. Powers are seized and the propaganda press starts screaming that this is the way it should be. Obama unilaterally declares the Senate in recess and appoints union lawyers to the NLRB. The NLRB ignores an Appeals Court ruling and declares it will go on functioning.